Your use of any CYGO sites and services constitutes agreement with these terms, conditions, and notices.
You are entirely responsible for maintaining the confidentiality of your passwords and accounts and any and all activities that occur under your accounts. CYGO will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by CYGO or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
CYGO reserves the right to change the terms, conditions, and notices under which the CYGO Sites/Services are offered, including but not limited to the charges associated with the use of the CYGO Sites/Services. You are responsible for regularly reviewing these terms and any additional terms posted on particular websites. Your continued use of the CYGO Sites/Services constitutes your agreement to all such terms, conditions, and notices.
CYGO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CYGO is not responsible for webcasting or any other form of transmission received from any Linked Site nor is CYGO responsible if the Linked Site is not working appropriately. CYGO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CYGO of the site or any association with its operators.
Any dealings with third parties (including advertisers) included within the CYGO Sites/Services or participation in promotions are solely between you and the advertiser or other third party. CYGO shall not be responsible or liable for any part of any such dealings or promotions.
As a condition of your use of the CYGO Sites/Services, you will not use the CYGO Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CYGO Sites/Services in any manner which could damage, disable, overburden, or impair any CYGO Site/Service(s) (or the network(s) connected to any CYGO Site/Service(s)) or interfere with any other party's use and enjoyment of any CYGO Site/Service(s). You may not attempt to gain unauthorized access to any CYGO Site/Service, other accounts, computer systems or networks connected to any CYGO Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CYGO Sites/Services.
CYGO may contain e-mail services, bulletin board services, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others. You agree to use these services to post, send and receive messages and material that are proper. You will not:
Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, , corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an CYGO Site/Service(s) or other user or usage information or any portion thereof.
CYGO has no obligation to monitor the Communication Services. However, CYGO reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CYGO reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
CYGO reserves the right at all times to disclose any information as CYGO deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CYGO's sole discretion.
CYGO disclaims any liability with regard to the Communication Services and any actions resulting from your participation in them. Managers and hosts are not authorized CYGO spokespersons, and their views do not necessarily reflect those of CYGO.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
CYGO does not claim ownership of the materials you provide. However, by including your Submission you are granting CYGO, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. CYGO is under no obligation to post or use any Submission you may provide and CYGO may remove any Submission at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CYGO SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CYGO SITES/SERVICES AND TO THE INFORMATION THEREIN. CYGO AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CYGO SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE CYGO SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CYGO AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE CYGO SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CYGO AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT CYGO SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN CYGO SITE/SERVICE. YOU SPECIFICALLY AGREE THAT CYGO IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CYGO IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN CYGO SITE/SERVICE BY ANY THIRD PARTY.
STORAGE SPACE AND OTHER LIMITATIONS
The amount of storage space per user is limited for each CYGO Site/Service which provides such storage. Some messages may not be processed due to space constraints or outbound message limitations. You agree that CYGO is not responsible or liable for the deletion or failure to store messages or other information.
SERVICE CONTACT: firstname.lastname@example.org
CYGO reserves the right, in its sole discretion, to terminate your access to any or all CYGO Sites/Services and the related services or any portion thereof at any time, without notice.
CYGO may also terminate or suspend your access to CYGO Site/Service(s) for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by CYGO. The amount of time that CYGO currently considers as an "extended" period of time may be viewed in the FAQ relating to the particular service. Upon termination of the CYGO Site/Service, your right to use the CYGO Site/Service immediately ceases.
CYGO shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
CYGO will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay CYGO liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay CYGO's actual damages, to the extent such actual damages can be reasonably calculated.
This agreement is governed by the laws of the State of New York, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Ontario County, New York, U.S.A. in all disputes arising out of or relating to the use of the CYGO Sites/Services. Use of the CYGO Sites/Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CYGO as a result of this agreement or use of the CYGO Sites/Services. You agree to indemnify and hold CYGO, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the CYGO Sites/Services. CYGO reserves the right to disclose any personal information about you or your use of the CYGO Sites/Services, including its contents, without your prior permission if CYGO has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CYGO or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. CYGO's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CYGO's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CYGO Sites/Services or information provided to or gathered by CYGO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed supers eded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CYGO with respect to the CYGO Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CYGO with respect to the CYGO Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.